미국 민사소송에서의 상소제도

The Appeals in American Civil Procedrue

The district court in american law system is the trial court. so the main function for the trial is proceeded not in appellate court, but in trial court. Many rulings are made in pre-trial, discovery, multistage pretrial process, and trial. In appellat courts, it is strongly presumed that the judgment of trial court was correct. So only if the determination of appellat court if different form trial court, the judgment of the trial court is not reversed in appellate court. The reviewability of appellate court is restricted in the limit of the time of finality, the limit of the person who can appeal, and the limit of the scope of review. I propose that every stage of courts should keep their role, the first stage court as a trial court, the second stage court as a review court, and the Supreme Court as a final law conclusion court.